MARCH 2022

VOlUME 05 ISSUE 03 MARCH 2022
The Ideal Position of Judicial Power in the Criminal Justice System
1Muhammad Zaenudin Mustofa, 2Eko Soponyono, 3Pujiyono
1,2,3Faculty of Law, Universitas Diponegoro
DOI : https://doi.org/10.47191/ijsshr/v5-i3-47

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Abstract

The independence of the judicial power is one of the main pillars of the rule of law, and if this component does not exist, then we can no longer talk about the rule of law. This study aimed to examine the judicial power in the Indonesian criminal justice system as an independent judiciary to enforce law and justice based on Pancasila. This research used doctrinal law research. The sources of legal information were from primary legal materials (relevant regulations and documents) for further qualitative analysis. The approach used was legislation, conceptual, and analysis in helping to solve the problem formulation. The results of the study indicated that judicial power must be free and impartial, this can only be realized if it is subject to the applicable legal rules. If the judicial power does not obey the law, then it will lose its legitimacy and its presence in a country becomes meaningless.

KEYWORDS:

Position; Independence; Judicial Powers; Criminal Justice System.

REFERENCES:

1) Ahmad Basuki, “Supervision of the Implementation of Judicial Power as an Effort in Realizing Criminal Justice Accountability”, Perspektif Journal Vol. XVIII No. 1, 2013.

2) Anwar, Yesmil, et.al., 2011, Criminal Justice System, Concepts, Components and Implementation in Law Enforcement in Indonesia, Bandung, Widya Padjadjaran.

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5) Jose Maria Maravall and Adam Przeworski (eds.), Democracy and the Rule of Law, Cambridge University Press, 2003; read for example the writings of John Ferejohn and Pasquale Pasquino, Rule of Democracy and Rule of Law

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8) Nawa Angkasa, "Analysis of the Position and Function of the Judiciary as the Holder of Judicial Power in the State Legal System in Indonesia" Journal of Nizham, Vol. 01 No. 01, 2013.

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13) Sudikno Mertokosumo, 1971, History of the Judiciary and its Legislation in Indonesia Since 1942 and What Are the Benefits for Us, the Indonesian Nation, Bandung, Kilat Maju.

VOlUME 05 ISSUE 03 MARCH 2022

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.


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